Committee against Torture
Concluding observations on the fourth periodic report of Jordan *
1.The Committee considered the fourth periodic report of Jordan at its 2150th and 2153rd meetings, held on 6 and 7 November 2024, and adopted the present concluding observations at its 2167th meeting, held on 19 November 2024.
A.Introduction
2.The Committee expresses its appreciation to the State party for accepting the simplified reporting procedure and submitting its periodic report thereunder, as this improves the cooperation between the State party and the Committee and focuses the examination of the report and the dialogue with the delegation.
3.The Committee appreciates having had the opportunity to engage in a constructive dialogue with the State party’s delegation, and the responses provided to the questions and concerns raised during the consideration of the fourth periodic report.
B.Positive aspects
4.The Committee welcomes the following legislative measures taken by the State party in areas relevant to the Convention:
(a)The increase in the minimum penalties established in the Penal Code for the crime of torture (art. 208) and the removal of mitigating circumstances in that regard (art. 208 (4)), in 2018;
(b)The adoption of the Protection against Domestic Violence Act (No. 15 of 2017), on 27 April 2017;
(c)The removal of article 308 from the Penal Code and the amendment of article 98 thereof, in 2017, which prevents the reduction of penalties for “honour” crimes;
(d)The adoption of the Rights of Persons with Disabilities Act (No. 20 of 2017);
(e)The adoption of amendments to the Prevention of Human Trafficking Act (No. 9 of 2009), in 2021;
(f)The adoption of the Children’s Rights Act (No. 17 of 2022), aimed at addressing several of the gaps identified in current legislation on juvenile justice, in September 2022;
(g)The adoption of the Anti-Money-Laundering and Financing of Terrorism Act (No. 20 of 2021).
5.The Committee commends the State party’s initiatives to modify its policies and procedures in order to afford greater protection of human rights and to apply the Convention, in particular the following:
(a)The establishment of a ministerial committee, in February 2020, to reflect on how to amend the provisions of the Crime Prevention Act (No. 7 of 1954) relating to administrative detention and to improve consistency with the State party’s strategy on administrative detention;
(b)The adoption of a comprehensive national human rights plan for 2016–2025 to address the existing deficiencies in legislation, policies and practices in the realm of human rights, with a focus on the most vulnerable groups, in particular women, children, persons with disabilities, older persons and persons deprived of their liberty;
(c)The adoption of a national strategy on deinstitutionalization for persons with disabilities (2019–2029);
(d)The adoption of a national strategy for women for 2020–2025 and its action plan for 2023–2025;
(e)The adoption of a national plan for the prevention of trafficking in persons (2019–2022), which established a special referral system for cases of trafficking in persons to guarantee the prosecution of identified perpetrators and the enhanced protection of victims;
(f)The adoption of a new national strategy to combat trafficking in persons for 2023–2026;
(g)The adoption of Regulation No. 6 of 2023 on the Human Trafficking Victims’ Assistance Fund;
(h)The signing of a memorandum of understanding with the Jordanian Bar Association to provide advisory and legal aid services for victims of trafficking in persons free of charge;
(i)The adoption of a national strategy for juvenile justice for 2024–2028, setting forth a comprehensive plan to decrease juvenile delinquency, enhance the efficiency of the juvenile justice process and improve rehabilitation and care for vulnerable children and young people;
(j)The dissemination of a manual among all public security units for the purpose of providing training on international human rights standards in the context of detention;
(k)The opening of a specialized human rights training centre, in 2018, as part of the Office for Transparency and Human Rights, which has, in cooperation with civil society organizations, hosted several specialized courses.
6.The Committee appreciates that the State party has been reconsidering all cases relating to revocation of citizenship and that no withdrawal of nationality has been recorded since 2021.
7.The Committee commends the State party for promoting a favourable context for international protection and advocating respect for the principle of non-refoulement, despite the fact that the State party has been heavily affected by waves of massive refugee flows linked to conflicts in Iraq, Somalia and the Syrian Arab Republic and the instability created in the Middle East region by the pressures of the current geopolitical context. The Committee equally commends the State party for admitting more than 1.35 million refugees and asylum‑seekers, the vast majority of whom are Syrians, onto its soil, and its efforts to alleviate their conditions by continuing to provide them with an overall favourable protection environment.
C.Principal subjects of concern and recommendations
Pending follow-up issues from the previous reporting cycle
8.In its previous concluding observations, the Committee requested the State party to provide information on its implementation of the Committee’s recommendations on fundamental legal safeguards, administrative detention, special courts and coerced confessions (see paras. 18, 22, 38 and 50). Noting the reminder from the Committee’s Rapporteur for follow-up to concluding observations, dated 12 May 2017, the Committee regrets that the State party did not provide this information. In the light of the information contained in the State party’s fourth periodic report, the Committee finds that the recommendation contained in paragraph 22 has been only partially implemented, while the recommendations contained in paragraphs 18, 38 and 50 have not yet been implemented. Those issues are covered in paragraphs 11, 17 and 19 of the present concluding observations.
Definition of torture
9.The Committee takes note of the amendment made to article 208 of the Penal Code, in 2018, to increase the minimum penalties for crimes of torture. Nevertheless, it remains concerned that the definition of torture in the Penal Code is not in line with articles 1 and 4 of the Convention. In particular, the Committee is concerned that torture is not considered a serious crime unless it leads to death, illness or serious injury, and that penalties are still not commensurate with the seriousness of the crime and are subject to amnesty (General Amnesty Act No. 5 of 2019) as well as to statutes of limitations (arts. 1 and 4).
10. The Committee reiterates its previous recommendation that the State party adopt a definition of torture that incorporates all the elements contained in article 1 of the Convention. The State party should also ensure that torture is considered a serious crime and that the penalties for torture are commensurate with the gravity of the crime, in accordance with article 4 (2) of the Convention. In addition, the State party should ensure that the crime of torture is not subject to any statute of limitations or amnesty in order to preclude any risk of impunity in relation to the investigation of acts of torture and the prosecution and punishment of perpetrators.
Fundamental safeguards
11.The Committee takes note of the procedural safeguards set out in articles 100 and 113, among others, of the Code of Criminal Procedure, as well as the fact that there are no impediments in national law or practice preventing a detained person from having a lawyer appointed from the moment of arrest. However, it regrets the absence of an explicit provision ensuring the right to access a lawyer immediately upon arrest and notes that article 63 (2) of the Code of Criminal Procedure allows for the interrogation of detainees without a lawyer present in case of “urgency”. While noting that article 66 (2) of the Code of Criminal Procedure excludes the suspect’s lawyer from the prohibition on communication envisaged under article 66 (1), the Committee regrets that article 66 (1) still allows the public prosecutor to prohibit a detainee from communicating with a third party for a period of up to 10 days, which is renewable. The Committee is concerned about the State party’s failure to ensure the application of these and other fundamental legal safeguards to prevent torture and ill‑treatment. In this regard, the Committee is also concerned about consistent reports that suspects are held by the police, particularly by the General Intelligence Directorate, for days before being brought before a judicial authority – sometimes in a situation of incommunicado detention – and are denied access to a lawyer and to their family. While noting the information provided by the State party on the national legislation providing lawyers with the guarantees and safeguards necessary to practise their profession freely and safely, the Committee is concerned about reports indicating that lawyers appear to be experiencing increasing challenges and intrusive control in the practice of their defence work (art. 2).
12. The Committee reiterates its previous recommendation that the State party should ensure that all detainees are afforded, by law and in practice, all fundamental legal safeguards from the very outset of their deprivation of liberty, including the right to be assisted by a lawyer without delay; the right to have immediate access to an independent medical examination, regardless of any medical examination that may be conducted at the request of the authorities; the right to be informed of the reasons for the arrest and the nature of any charges against them, in a language that they understand; the right to be registered at the place of detention; the right to promptly notify a close relative or a third party of their arrest; the right to be brought before a judge without delay; and the right to confidential consultations with lawyers. The Committee also recommends that the State party uphold and reinforce the essential role that lawyers play in the protection of justice, the rule of law and human rights by protecting and guaranteeing their right to practise their profession without hindrance.
Pretrial detention
13.While noting the amendment made to the Code of Criminal Procedure to establish preventive measures alternative to incarceration to limit the use of pretrial detention, under article 114 bis, the Committee is particularly concerned about reports indicating a high number of persons, in particular children, in pretrial detention in 2023 (arts. 2, 11 and 16).
14. The Committee recommends that the State party intensify its efforts to reduce the number of persons, in particular children, placed in pretrial detention, including by promoting non-judicial measures such as mediation and counselling and non-custodial sentences such as probation or community service.
Administrative detention under the Crimes Prevention Act
15.While welcoming the establishment of a ministerial committee to consider how to amend the provisions of the Crimes Prevention Act relating to administrative detention, the Committee remains concerned at the continued use of administrative detention by the State party. According to data covering the reporting period that was made available to the Committee, over 37,000 persons were held in administrative detention in 2023. It is also concerned that administrative detention is used in the case of women and girls who are victims of violence, under the pretext of protecting them. In this regard, the Committee is concerned that, under article 9 of Regulation No. 171 of 2016 on shelters for vulnerable women, women are referred to a shelter by a written decision from the administrative governor. If they refuse the services provided by the shelters, they will automatically be transferred to administrative detention under the Crimes Prevention Act. The Committee also expresses its concern about the continued practice of the administrative detention of refugees and asylum-seekers (arts. 1, 2, 11 and 16).
16. The Committee reiterates its previous recommendation that the State party abolish the practice of administrative detention, in particular the detention of women and girls who are victims of violence in “ protective custody ” . The Committee urges the State party to strengthen its shelter system to prevent women at risk of violence from being held in the same detention facilities as women with criminal records. The State party should also ensure that, in cases relating to refugees and asylum-seekers, administrative detention is not arbitrary and is used only as a measure of last resort and for as short a period as possible. The State party should ensure that all detainees are guaranteed all fundamental procedural safeguards and consider amending the Crimes Prevention Act to ensure that it is in line with international human rights standards and the State party ’ s obligations under the Convention.
Special courts
17.The Committee remains concerned at the existence of special courts in the State party, including the State Security Court, and the fact that there appears to be no intention to amend the Code of Criminal Procedure to give the ordinary courts jurisdiction over cases of torture. While noting the information provided by the delegation on the legality of the establishment of these courts under the Constitution and national legislation, the Committee remains concerned at the reported lack of independence and impartiality of these courts, which hinders the full enjoyment of human rights, such as the right not to be subjected to torture and other cruel, inhuman and degrading treatment or punishment (arts. 2, 11 and 12).
18. The Committee reiterates its previous recommendation that the State party remedy the long-standing issue of special courts by transferring the jurisdiction to try members of the Public Security Directorate to the ordinary courts, so that officials suspected of torture and ill-treatment can be prosecuted before ordinary courts.
Coerced confessions
19.The Committee remains concerned that, in practice, and according to consistent reports, coerced confessions or statements are still used as admissible evidence in court, in particular before the State Security Court, despite the legal safeguards on the inadmissibility of evidence obtained by coercion enshrined in the Constitution and in article 159 of the Code of Criminal Procedure (art. 15).
20. The Committee reiterates its previous recommendation that the State party should adopt effective measures to ensure that coerced confessions or statements are inadmissible in practice, except when invoked against a person accused of torture as evidence that the statement was made. The State party should also ensure that law enforcement officials, judges and lawyers receive training on how to detect and investigate cases of confessions or statements obtained under torture. It should ensure that officials who extract such confessions or statements are brought to justice, prosecuted and punished accordingly. The Committee would appreciate receiving updated information on the application of article 159 of the Code of Criminal Procedure and, if available, recent examples of court decisions in which it has been applied.
Redress, compensation and rehabilitation
21.While noting that compensation for harm, including bodily injury, is a legal obligation contained in the Civil Code (arts. 256 and 274) and is awarded through civil proceedings before the various courts in the State party, the Committee is concerned at the absence of explicit provisions in domestic legislation providing for the right of victims of torture and ill‑treatment to fair and adequate compensation, including the means for as full rehabilitation as possible, as required by article 14 of the Convention. The Committee further notes that the practice of “blood money” is a legal remedy under sharia law, as recognized by the Constitution, to compensate victims of harm, including torture, and that it neither prevents prosecution or punishment, on the one hand, nor mitigates penal responsibility, on the other. However, the Committee is concerned that the practice could discourage victims and survivors from seeking the truth through the civil justice system, which could lead to the denial of the right to full rehabilitation and result in impunity for acts of torture. The Committee wishes to underline that, while compensation is an important form of redress, full rehabilitation requires a holistic approach for which truth, acknowledgement of the wrongdoing, and the prosecution and punishment of perpetrators are indispensable. The Committee draws the State party’s attention to its general comment No. 3 (2012) on the implementation of article 14, which reflects the Committee’s opinion on the content and scope of the obligations of States parties to provide full redress to victims of torture (art. 14).
22. The Committee reiterates its previous recommendation that the State party should review its legislation to include explicit provisions on the right of victims of torture and ill-treatment to a remedy, including fair and adequate compensation and rehabilitation, and to ensure that victims can, inter alia, seek and obtain prompt, fair and adequate compensation, including in cases where the State party ’ s civil liability is involved, in accordance with article 14 of the Convention. The State party should, in practice, provide redress to all victims of torture or ill-treatment, including fair and adequate compensation, and as full rehabilitation as possible. The State party should also ensure that the practice of “ blood money ” does not prevent victims from obtaining full rehabilitation in the civil justice system. The Committee further recommends that the State party establish a rehabilitation programme for victims, including appropriate medical and psychological assistance, and allocate the resources necessary for its effective implementation. The State party should provide the Committee with statistical data on cases in which it has awarded compensation to victims of torture or ill ‑ treatment, as well as the amount of the compensation awarded in each case.
Trafficking in persons
23.While welcoming the initiatives taken by the State party to strengthen the framework for the prevention of and protection from trafficking in persons, the Committee is concerned that, despite the measures taken, the statistics seem to show an increase in the incidence of the crime. In addition, even though the memorandum of understanding signed with the Bar Association provides for legal assistance at all stages, the Committee is concerned about the obstacles faced by victims in obtaining effective legal representation. Article 5 of Regulation No. 6 of 2023 on the Human Trafficking Victims’ Assistance Fund states that the support provided by the Fund for victims and potential victims should cover translation and legal advice. However, the legal aid services offered by the Fund are limited to advisory services and do not extend to legal representation. This limitation contradicts the Prevention of Human Trafficking Act (No. 9 of 2009), as amended, which provides that victims are entitled to comprehensive legal aid, including both advice and representation (arts. 4, 12 and 14).
24. The Committee recommends that the State party expand the scope of legal aid for victims of trafficking in persons beyond advisory services to include legal representation throughout the judicial process.
Gender-based violence and domestic violence
25.While welcoming the adoption of the Protection against Domestic Violence Act (No. 15 of 2017), on 27 April 2017, and of the 2017 amendments to the Penal Code, the Committee is concerned about the reported increase in 2023 in the prevalence of domestic violence, excluding “honour” crimes, the number of which has decreased in recent years. Furthermore, concurrent reports indicate that the number of deaths related to domestic violence is higher than the number officially reported, and that some of these deaths are miscategorized as suicides. The Committee is also concerned at reports that the forced sterilization of women and girls with disabilities remains widespread in practice, despite its prohibition under Jordanian law. The Committee is also concerned that corporal punishment in child-rearing is still considered lawful in the home (arts. 2 and 16).
26. The State party should:
(a) Intensify its measures to combat all forms of violence and harmful practices against women;
(b) Ensure that all acts of gender-based violence and domestic violence, including those involving actions and omissions by State authorities or other entities that engage the international responsibility of the State party under the Convention, are thoroughly investigated, including through the initiation of ex officio investigations, where necessary, that the perpetrators are prosecuted and, if convicted, punished appropriately and that the victims of torture or their families receive redress, including adequate compensation and rehabilitation;
(c) With regard to corporal punishment, the Committee recommends the State party to prohibit in law the corporal punishment of children in all settings.
Arbitrary detention under the 2023 Cybercrime Act
27.While noting that the adoption of the Cybercrime Act (No. 17 of 2023), in August 2023, was aimed at combating cybercrime and protecting online security, the Committee is concerned that it may also criminalize legitimate online activities by organizations or individuals, as it contains vague definitions of offences and could be used to restrict the right to freedom of expression and arbitrarily detain journalists and others (arts. 2 and 16).
28. The Committee invites the State party to ensure that the civic space is conducive to the participation of individuals and organizations, and recommends that it amend the Cybercrime Act to clearly define the crimes listed therein, as, due to the broad and vague wording of the current version of the law, it does not meet the international human rights law requirements for the restriction of an individual liberty of legality, legitimate aim, necessity and proportionality.
Children and juvenile justice
29.The Committee welcomes the State’s party efforts to align its domestic legislation and policies on children’s rights with international standards on juvenile justice. However, some shortcomings are of concern, such as the minimum age of criminal responsibility, which is lower than the international standard, the lack of an absolute prohibition of excessive use of force and of solitary confinement, the lack of monitoring and complaint mechanisms for children in detention, the limited free legal aid for children in conflict with the law, the lack of gender-specific protection and of a non-discriminatory approach to justice, the problematic lack of a distinction between status offences and criminal offences, and the lack of systematic and reliable data on children deprived of liberty and on cases of the abuse, ill-treatment or torture of children in detention (arts. 2, 11 and 16).
30. The Committee recommends that the legislative reform envisaged in the national strategy for juvenile justice include some key measures on the specific issues identified, in order to bring national legislation into line with international standards, and that these measures be implemented in practice. In particular, the State party should amend its legislation to ensure that solitary confinement is not used as a disciplinary measure against children, in accordance with rule 45 (2) of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and rule 67 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The State party should also establish a data-collection system and subsequently publish data on children in detention, as well as protection and complaint mechanisms for detained children and an independent body to monitor and supervise juvenile detention facilities.
Refugees and non-refoulement
31.While appreciating the State party’s efforts to uphold the principle of non-refoulement, as set out in article 3 of the Convention, and aware of the strain that the current situation is placing on the State party’s reception capacity in the context of the decrease in international financial support to respond to the refugee crisis, the Committee expresses its concern at the fact that deportation decisions can be taken at the discretion of governors or on the basis of recommendations from security bodies such as the General Intelligence Directorate, without due process and not in accordance with the relevant laws, and are not subject to appeal (art. 3).
32. The Committee urges the State party:
(a) To ensure that the principle of non-refoulement is strictly respected in practice;
(b) To ensure that deportation decisions, including those taken in response to requests from the Council of Arab Ministers of the Interior, are subject to an independent judicial review procedure that allows the affected individual to challenge the decision before an impartial court;
(c) To consider ratifying the Convention relating to the Status of Refugees, the Protocol relating to the Status of Refugees, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.
Condition of detention
33.The Committee is concerned that, despite the measures taken by the State party to reduce overcrowding in correctional and rehabilitation centres by transferring inmates to overflow centres on a weekly basis and providing alternative measures to imprisonment, overcrowding remains a challenge. The Committee is also concerned that poor sanitation, lack of access to healthcare and shortages of blankets and adequate food remain serious challenges (arts. 11 and 16).
34. The State party should:
(a) Continue its efforts to alleviate overcrowding in detention facilities, including through the application of alternative measures to imprisonment;
(b) Take effective measures to improve sanitation and quality of food;
(c) Improve medical and healthcare in detention facilities, including by recruiting duly trained medical personnel and by providing the necessary psychological and psychiatric support for those in need; and take the measures necessary to provide medical equipment and medicines in all places of deprivation of liberty;
(d) Ensure the application of relevant international human rights standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the United Nations Standard Minimum Rules for Non ‑ custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules).
Monitoring of detention centres
35.The Committee recognizes the role of the National Centre for Human Rights but is nevertheless concerned that the State party does not intend to ratify the Optional Protocol to the Convention on the grounds that any citizen who has suffered any form of ill-treatment can lodge a complaint with the competent authorities (the Director of Police, the Attorney General or the Office for Transparency and Human Rights). Article 106 of the Code of Criminal Procedure provides that the Public Prosecutor, the Attorney General and the heads of the courts of first instance and the courts of appeal may visit public prisons and other places of detention under their jurisdiction, contact detainees and hear any complaint that they may have. This is contrary to the principle of the independence of any complaint or oversight mechanism, as there should be no hierarchical or institutional relationship between the alleged perpetrators and the investigators. The Committee also expresses its concern at the fact that the General Intelligence Directorate detention centre, which is not under the jurisdiction of any of the above-mentioned authorities, is not subject to any form of oversight (arts. 2, 11 and 16).
36.The Committee recommends that the State party consider acceding to the Optional Protocol to the Convention, with a view to establishing an independent national preventive mechanism that could carry out independent visits to places of detention and make recommendations, taking into account the experience of the National Centre for Human Rights and providing the necessary resources to that end.
Complaint and investigation mechanisms
37.The Committee remains concerned at the persistent failure of the State party to establish an independent mechanism to investigate allegations of ill-treatment and torture (arts. 12 and 13).
38. The Committee reiterates its previous recommendation that the State party should:
(a) Establish an independent complaint and investigation mechanism that meets the requirement of institutional independence in order to avoid conflict of interest in the investigation of complaints by peers;
(b) Ensure that all complaints of torture or ill-treatment are promptly and impartially investigated by an independent body and that alleged perpetrators are duly tried and, if found guilty, punished in a manner that is commensurate with the gravity of their acts;
(c) Ensure that the authorities conduct investigations on their own initiative whenever there are reasonable grounds to believe that an act of torture or ill-treatment has been committed;
(d) Ensure that alleged perpetrators of torture and ill-treatment are immediately suspended from duty for the duration of the investigation;
(e) Ensure that complainants are protected against any ill-treatment, intimidation or reprisals as a consequence of their complaint and that appropriate disciplinary or, where relevant, criminal measures are taken against law enforcement officials for such actions.
Training
39.While noting the information provided by the delegation on the training programmes currently available to all public officials, the Committee reiterates its concern about the limited information on the effectiveness of those training programmes. The Committee regrets that there appears to be no specific training on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), as revised, for law enforcement officials, judges, prosecutors, forensic doctors and medical personnel dealing with detained persons on how to detect and document the physical and psychological sequelae of torture (art. 10).
40. The State party should:
(a) Develop and apply a methodology for assessing the effectiveness of training programmes in reducing the number of cases of torture and ill-treatment and in ensuring the investigation of those acts and the prosecution of the perpetrators;
(b) Ensure that all relevant staff, including medical personnel, are specifically trained to identify cases of torture and ill-treatment, in accordance with the Istanbul Protocol, as revised.
Follow-up procedure
41. The Committee requests the State party to provide, by 22 November 2025, information on follow-up to the Committee ’ s recommendations on the definition of torture, on fundamental safeguards, on special courts and on coerced confessions (see paras. 10, 12, 18 and 20 above). In that context, the State party is invited to inform the Committee about its plans for implementing, within the coming reporting period, the remaining recommendations in the concluding observations.
Other issues
42. The Committee encourages the State party to consider making the declaration under article 22 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction.
43. The Committee invites the State party to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, and, as an initial measure, to reinstate its moratorium on the application of the death penalty.
44. The Committee invites the State party to ratify the core United Nations human rights treaties to which it is not yet a party, namely, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of all Persons from Enforced Disappearance, as well as the optional protocols to the core treaties to which it is not yet a party.
45. The State party is requested to widely disseminate the report submitted to the Committee and the present concluding observations, in appropriate languages, through official websites, the media and non-governmental organizations and to inform the Committee about its dissemination activities.
46. The Committee requests the State party to submit its next periodic report by 22 November 2028. For that purpose, and in view of the fact that the State party has agreed to report to the Committee under the simplified reporting procedure, the Committee will, in due course, transmit to the State party a list of issues prior to reporting. The State party ’ s replies to that list of issues will constitute its fifth periodic report under article 19 of the Convention.